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THE present suuauon oi the Cherokee Indians is recom- 
mended to the attention of every citizen of the United States, 
whose feelings would be shocked bv a breach of fidth bein? 
justly charged upon his country. 

It is believed to be caleolaled to excite the commise: 
of every Ic :r :' justice and humanity, and to 
sympathies of every o abhors tvrtmnv 



The Senate of Geors:.'. :o which : 
was addressed, after 
further reading, upoo the ground of 
but referred it to the Joint Committe 
lie. This committee, however, 
hear any part of it read. It sho'jM 
ral Assembly of Georgia is e 



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1 



TO THE HONOURABLE 



THS 



PRESIDENT AND MEMBERS 

OF THE 

SEJ^TATE OF THE STATE OF GEORGIA, 

THE Memorial of Robert Campbell, a resident of Savan- 
nah, and a citizen of the state aforesaid, respectfully repre- 
sents — 

That your memorialist has read and reflected with deep 
solicitude and concern upon the report made to the Honoura- 
ble the Senate of this State, in December last, claiming the 
absolute jurisdiction over, and right of the state to the lands at 
present in possession of the Cherokee Indians, within the 
boundaries of this state; boundaries which were established, or 
rather named by ourselves, without their consent or concur- 
rence. 

Your memorialist feels it to be his duty, and he knows it to 
be his privilege to approach your honourable body in the lan- 
guage of respectful remonstrance against a measure fraught 
with so much impolicy, injustice, and disgrace, and violative 
of our solemn engagements with that brave but unfortunate 
people — especially, and most unfortunate heretofore, in the 
high but false opinion which they entertained for our race, and 
in their reliance on, and faith in our representations and pro- 
mises. 

In the performance of this duty, your memorialist will 
trespass as little as possible upon your time, but the subject 
requires to be viewed in so many aspects, all illustrating each 
other, that at the outset he desires to bespeak your indulgence 
for a patient hearing. Should he pass those barriers usually 
prescribed to memorialists, which he will endeavour not to do, 



he begs you to believe that it will proceed from no want of 
respect for your honourable body, and to overlook any such 
irregularity for the sake of the important objects for which he 
comes before you. 

When first the restlessness and cupidity of the European 
race brought them to these shores, they found the red man 
lord and sole possessor of the soil ; they found him just and 
kind, confiding and generous — 

** He fancied the pale-faced men were gods, 

" Nor dreamt their secret aim was theft and cruelty." 

Columbus relates in his first voyage, when his vessel was a 
wreck, and he was deserted by a part of his own crew, that an 
Indian chief, upon hearing the information, '' shed tears, and 
"despatched all the people of the town with large canoes to 
" unload the ship; with their assistance the decks were cleared 
" in a very short time. From time to time he sent his rela- 
" tions to the admiral, consoling him, and entreating him not 
" to be afilicted at his loss, for he would give him all he had:" 
and Columbus further adds, " they are a very loving race, and 
" without covetousness." 

Such was the character of the American Indian in 1492, and 
the generous and confiding portion of it was found in full 
vigour by the first Georgians in 1733, when they landed on the 
bank of the placid and beautiful Savannah. 

It is generally known that the first settlement of this colony 
was the result of a benevolent and charitable disposition enter- 
tained by some Englishmen of humane feelings and easy for- 
tunes ; one of whom, James Oglethorpe, undertook its early 
superintendence. 

He came to its shores with the king's charter of 1732, which 
is now termed " the charter of the state;" but as it only au- 
thorized him to occupy the uninhabited lands, and as he 
found the country pre-occupied by the Indians to the very 
threshold, he lost no time, as the historian relates, in treating 
with the natives for a share of their possessions. 

To induce them the more readily to grant his request, he 
represented to them, among other things, " the many advan- 



'^ tages that would accrue to the Indians in general, from a 
^* connexion and friendship with them, (the English,) and as 
" they had plenty of lands, he hoped they would freely resign 
*' a share of them to his people, who were come to settle 
" among them,, for their benefit and instruction. After de- 
" livering some presents which were then considered as a ne- 
** cessary preliminary to a treaty of peace and friendship, an 
** agreement was entered into," by which Oglethorpe obtained 
a title to the ground that the city of Savannah now stands upon, 
with some of the adjacent country. 

The fourth article of the treaty made under these artful but 
delusive representations, has the following words: — 

" We, the head men of the Coweta and Cuseta towns, in be- 
" half of all the lower Creek nation, being firmly persuaded that 
**he who lives in heaven, and is the occasion of all good 
*' things, has moved the hearts of the trustees to send their 
" 6e/oz;efi?/?ie7iamongus, for thegoodof our wives and children, 
^' and to instruct us and them in what is straight, do therefore 
'* declare that we are glad that their people are come here; 
*' and though this land belongs to us, (the lower Creeks,) 
** yet we, that we may be instructed by them, do consent and 
'^ agree, that they shall make use of, and possess those lands 
^' which our nation hath not occasion to use." 

At a congress of all the chiefs and warriors of the lower 
Creek nation, held at Coweta in 1739, the treaty of 1733 was 
declared in full force; and certain metes and bounds of a con- 
siderable country described, as defining the territory in and 
over which these Indians were sole proprietors. Their right 
and title to this territory is declared in terms, of which, for 
strength and energy, we have few examples. 

They assert that this country " doth by ancient right belong to 
^' the Creek nation, who have maintained possession of the said 
'' right against all opposers by war, and can show the heaps of 
^' bones of their enemies slain by them in defence of the said 
^Hands." 

In 1773, at a congress held at Augusta, Sir James Wright, 
and the Hon. John Stewart, acting as commissioners on behalf 
of the king, the Cherokee Indians ceded a valuable district of 



country ybr the purpose of paying their debts; a measure 
which may possibly be considered by some as one of the 
strongest instances that can be produced of their being at that 
period much below the standard of civilization. 

In 1783 a treaty and covenant was made at Augusta, by Go- 
vernor Lyman Hall, General John Tweggs, Colonel Elijah 
Clark, Colonel William Few, the Hon. Edward Telfair, and 
General Samuel Elbert, on the part of the state of Georgia, 
(then stated by this instrument to be in the seventh year of its 
independence,) and the " head men, warriors, and chiefs of the 
'' hordes or tribes of Cherokee Indians, in behalf of the said 
" nation.'^ By this treaty and covenant, peace between the 
state of Georgia and that nation was established; and a consi- 
derable district of country ceded. In 1785 a treaty was con- 
cluded at Hopewell, between the United States of America, 
and the Cherokee Indians, by which peace was made, and 
boundaries between them defined. From this, I extract the 
third and twelfth articles. 

*' Art. 3. The said Indians for themselves and their respec- 
" tive tribes and towns, do acknowledge all the Cherokees to 
'' be under the protection of the United States of America, and 
" of no other sovereign whosoever." 

" Art. 12. That the Indians may have full confidence in the 
"justice of the United States, respecting their interests, they 
" shall have the right to send a deputy of their choice, when- 
"ever they think fit, to Congress." 

In 1787, the United States formed their present admirable 
constitution, which Georgia " assented, ratified, and adopted, 
"fully and entirely," on the 2d of January, 1788. 

This constitution declares that Congress shall have power 
" to regulate commerce with the Indian tribes." That " the 
" President shall have power by and with the advice and con- 
" sent of the Senate, to make treaties, provided two-thirds of 
" the Senators present concur;" and that "^ all treaties made 
" or which shall be made, under the authority of the United 
" States, shall be the supreme law of the land ; and the judges 
" in every state shall be bound thereby ; any thing in the 



"constitution or laws of any state to the contrary notwith- 
" standing. " 

Under this constitution, on the 2d day of July, 1791, a treaty 
of peace and friendship was made and concluded between " the 
" President of the United States of America, on the part and 
" behalf of the said states, and the undersigned Chiefs and 
" Warriors of the Cherokee Nation of Indians, on the part and 
" behalf of the said nation. " The two following articles are 
" quoted from this treaty. 

"Art. 7. The United States solemnly guarantee to the 
"Cherokee Nation, all their lands not hereby ceded." 

" Art. 14. That the Cherokee Nation may be led to a 
" greater degree of civilization, and to become herdsmen and 
" cultivators instead of remaining in a state of hunters, the 
" United States will from time to time, furnish gratuitously the 
" said nation with useful implements of husbandry ; and further 
" to assist the said nation in so desireable a pursuit, and at the 
" same time to establish a certain mode of communication, the 
" United States will send such and so many persons to reside 
" in such nation as they may judge proper, not exceeding four 
" in number, who shall qualify themselves to act as interpre- 
" ters. These persons shall have lands assigned by the Chero- 
" kees for cultivation for themselves and their successors in of- 
"fice; but they shall be precluded from exercising any kind of 
"traffic.'' 

This is known as The Treaty of Holstein, having been 
signed on the bank of that river, near the mouth of the French 
Broad. 

The next treaty made by the United States with the Chero- 
kees was concluded at Philadelphia in 1794. 

It recognises that of Holstein, as does likewise the succeed- 
ing one of October, 1798, signed, as it states, " in the Coun- 
"cil-house near Tellico, on Cherokee ground.^ ^ 

Thus stood affairs as regards treaty obligations with the Che- 
rokees, on the 24th of April, 1802, when the United States 
and the State of Georgia entered into that agreement with 
each other which I shall here merely term extraordinary ; 



8 

which has been made the basis of so much complaint against 
the general government.* 

Before victory had yet placed her final wreath upon the 
brows of our revolutionary warriors, the attention of the wisest 
and most patriotic statesmen of the country, was attracted by 
the position in which peace would find several of the states: 
and this position was well calculated to awaken the most anxi- 
ous fears for its internal tranquillity and future independence 
— an independence now become inestimably dear from the sa- 
crifices and sufierings which it had cost. On the south-west 
they saw Georgia likely to have control over a territory nearly 
equal to the combined extent of England, Italy, and the Ne- 
therlands, that support a population of thirty-six millions. 
Upon the north-west a territory was likely to be added to Vir- 
ginia of still greater extent, which might give her sway over 
more than 240,000 square miles. To a part of this latter coun- 
try, Massachusetts, Connecticut, and New York had claims, 
which were far from being settled or well defined. So that if 
the extent of territory had not of itself created alarm for future 
independence, here was a circumstance which threatened to 
strangle in blood the hopes entertained of their newly-born 
country. 

Accordingly, to guard against this impending evil. Congress, 
in September, 1780, addressed the several states having claims 
to land and sovereignty beyond their present limits, recom- 
mending a transfer of them to the United States for the gene- 
ral benefit. Cessions of all the rights which they claimed were 
in consequence of this recommendation made by New York, 
on the 1st of March, 1781 — Virginia, on the 1st of March, 
1784 — Massachusetts, on the 19th of April, 1785 — Connecti- 
cut, on the 14th of September, 1786, and South Carolina on 
the 9th of August, 1787. In this all-important course. New 
York seems to have been foremost; but in reality, Virginia, 
the Old Dominion, then well deserving such a title through 
the honesty, the talents, the disinterestedness of her politi- 

* By the Georgia politicians. 



at 



9 

cians — Virginia took the lead in tliis patriotic race; for we find 
that on the 2d of January, 1781, she passed an act offering a 
cession of her claims to this country: nor does she derive more 
honour from the lead which she thus took in this patriotic course 
than from the example which she set in ratifying the ordinance 
for the government of the territory, passed by Congress on the 
13th of July, 1787; the sixth article of which stipulates that 
thereshall be neither slavery nor involuntary servitude in the 
said territory, otherwise than in the punishment of crimes. 
Thereby giving a signal and practical proof of her devotion to 
those principles, the declaration of which on the 4th of July, 
177^, had called forth the admiration of every generous and 
manly heart in Europe, and given such eclat and popularity to 
the cause of the United States. 

In October, 1787, Congress passed another resolution, ad- 
dressed to North Carolina and Georgia, again recommending 
a cession; and on the 1st of February, 1788, the latter passed 
an act offering one upon certain conditions, one of which was 
the payment of $ 171,428-j?~ — but Congress refused to accede 
to them. 

Ten years after this, viz. in May, 1798, the present consti- 
tution of Georgia was adopted, the 23d section of the 1st arti- 
cle of which makes special provision for such a cession, and 
in accordance with it the celebrated agreement of the 24th of 
April, 1802, was entered into, by which Georgia was to receive 
^1,250,000. 

The fourth condition of the 1st article of that agreement, 
which has been so often referred to, is as follows: — 

^' The United States shall at their own expense, extinguish 
^' for the use of Georgia, as early as the same can be peaceably 
" obtained on reasonably terms, the Indian title to the country 
" of Tallassee, to the lands left out by the line drawn by the 
" Creeks in the year 1798, which had been previously granted 
*' by the State of Georgia; bothwhich tracts had formerly been 
^^ yielded by the Indians; and to the lands within the forks of 
" the Oconee and Ockmulgee rivers; for which several objects 
'* the President of the United States has directed that a treaty 
"should be immediately held with the Creeks; and that the 

2 



10 

" United States shall, in the same manner, also extinguish the 
" Indian title to all the other lands within the State of Geor- 
"gia." 

I have already shown how Georgia as a State, as well as 
forming a constituent part of the United States, stood in rela- 
tion to her treaty obligations with the Cherokees. 

I will now show by extracts from, and references to, the 
laws of the United States, passed before the date of the agree- 
ment of 1802, and in operation at that very time, that the po- 
licy of civilizing these people, against which the Joint Com- 
mittee of Georgia protests, in their report of December, 1827, 
was fixed, notorious, declared by repeated public acts from 
1793 downwards — a settled policy, which must have been in 
contemplation of the parties making that agreement, when it 
was entered into. 

The act of 1st March, 1793, in its 9th section states, " that 
" in order to promote civilization among the friendly Indian 
" tribes, and to secure the continuance of their friendship, it 
" shall and may be lawful for the President of the United States 
" to cause them to be furnished with useful domestic animals 
" and implements of husbandry." 

The act of May 19th, 1796, section 1st, enacts, ^^That the 
" following boundary line established by treaty between the 
" United States and various Indian tribes, shall be clearly as- 
" certained and distinctly marked, &c." conforming, as regards 
the Cherokees, to the treaty with them of 2d July, 1791. 

The 13th section provides for the promotion of their civili- 
zation. 

The act of March 3d, 1799, provides for ascertaining and 
distinctly marking the boundary line between the United States 
and various Indian tribes, according to treaties, conforming, as 
regards the Cherokees, to the treaty with them of 2d October, 

1798. The 13th section of this act also provides for the pro- 
motion of their civilization. 

By the act of 17th January, 1800, that of the 3d of March, 

1799, was continued in force until the 3d of March, 1802. 
The act of 30th March, 1802, provides by the 1st section 

for clearly ascertaining and distinctly marking, the boundary 



11 

line between the United States and various Indian tribes, con- 
forming, as respects the Cherokees, to the treaty with them of 
3d October, 1798, and by the 13th section again providing for 
the promotion of their civilization. And this act was in force 
when the United States entered into that agreement with one of 
themselves, known as the agreement of 24th April, 1802, rati- 
fied by Georgia in the June following. 

Notwithstanding all this, the Committee of Georgia, in their 
report of 5th December, 1827, complain that the United States 
have managed '^ so to add to the comforts of the Cherokees, 
" and so instruct them in the business of husbandry, as to 

" ATTACH THEM SO FIRMLY TO THEIR COUNTRY AND TO THEIR 

" HOMES, as almost to destroy the last ray of hope that they 
^^ would ever consent to part with the Georgia lands.''^^ 

Your memorialist believes that the foregoing statements and 
extracts will be sufficient to give your honourable body a view 
of the whole ground, so far as the good faith of the State of 
Georgia and of the United States are involved in this subject; 
and that they are most deeply involved, cannot be questioned. 

Every document to which these Indians are a party, shows 
either by positive assertion, or where whitemen seem to have stu- 
diously avoided giving it expression, by other plain internal evi- 
dence, that they were a perfectly free and independent people, 
subject to their own laws, asserting and maintaining their so- 
vereignty over their own soil, though most generous in their 
grants of it — frequently putting themselves under i\\e protec- 
tion of Great Britain and the United States, but not under 
their jurisdiction. 

These documents, and those appertaining to the settlement 
of this colony, with the history of it as recorded by ourselves, 
show that the white man had no authority for settling upon the 
lands inhabited by these Indians, and show also, that however 
great the thirst for dominion on the part of the governments 
of the old w^orld, yet Great Britain, as remarkable for her dis- 
regard of the rights of others, as vigilant in guarding her own, 

• Without these Indian lands, Georgia has a territory equal to that of Eng- 
land, and a population in 1820 of not more than 350,000. 



12 

seems never to have entertained the monstrous thought of sub- 
jecting the Indians of Georgia to English law. 

Knowing as we do the wide difference existing between the 
manners and customs of the two people, the total ignorance on 
the part of the Indians of those laws, of the language even in 
which they are written, how can the idea of such cruelty be 
tolerated, as that of subjecting them to our laws? It would 
cast a stain upon our state, which would be constantly pointed 
at by those of monarchical principles, who are envious of the 
success of our republican institutions — it may tend to make 
these institutions as odious, as it should be our study, by jus- 
tice, good faith, and generosity, to make them venerable and 
exalted. 

As it is not yet too late, I pray you to contrast the conduct 
of Great Britain to those generous but unfortunate people, with 
that conduct which the late politicians of this state propose to 
pursue. Compare the report of the hoard of trade to the 
king in 1763, with the report of the joint committee, on the 
state of the republic to the Senate of this state, in December, 
1827, and you cannot but perceive how unfavourably we shall 
appear, how altogether forgetful that committee seem to have 
been of the honour and reputation of our country. 

The British report in recommending limits for the pro- 
vince of West Florida, uses the following terms: — 

*''' West Florida, to comprehend all the sea-coast from the 
** Gulf of Mexico, extending west from the Chatahouchee 
*^ river, or Flint river, towards the Mississippi, as far as your 
** majesty's frontiers extend, and stretching up into the land 
*' as far as the thirty-first degree of north latitude, which we 
** humbly apprehend is as far north as the settlements can 
** he carried, ivithout interfering with lands claimed or oc- 
'"'■ cupied by the Indians.''^ 

The report of the committee contains the following: — 

"Your committee would recommend that one other, and the 
*^ last appeal be made to the general government, with a view 
*' to open a negociation with the Cherokee Indians upon this 
*' subject. That the United States do instruct their commis- 
*' sioners to submit this report to the said Indians, and that if 



13 

'* no such negociation is opened, or if it is, and it proves to be 
** unsuccessful, that then the next Legislature is recommended 
^^ to take into consideration the propriety of using the most 
^' efficient measures for taking possession of, and extending 
** our authority and laws over the whole of the lands in con- 
*' troversy." 

We may indeed take these lands — there is the physical 
strength to do so, and the United States executive may not or- 
der a military force to dispossess us, though Washington himself 
has set such on example, in behalf of this very nation, against 
encroachments on the side of Georgia. Or we may subject 
these poor people to our laws, of which they have no know- 
ledge, except being inoperative to protect them; laws written 
in a language of which they are ignorant, based upon manners 
to which they are strangers, or altogether averse. We may 
surround them with those worst of enemies, the meshes of our 
laws enforced by a people who we know hold them, their ha- 
bits, customs, persons, colour, and every thing appertaining to 
them, in the utmost contempt: we may thus enslave and exter- 
minate them, for experience shows that such a course will ex- 
terminate them. There is an immense amount of floating in- 
famy arising from the conduct of the North American Euro- 
peans' towards the Aborigines of this country; such conduct 
will attract it to, and concentrate it upon Georgia. The feel- 
ings of the age, the state of the press, the rivalry of particular 
systems of government, and particular sections of country; all 
will contribute to this. Her sons will meet it at every step in 
the course of life; her politicians, her representatives, her sena- 
tors, her travellers, will be twitted with it. When the faith 
of treaties is discussed, when encroachments upon territory 
or the oppression of the weak are spoken of, when the hard 
but undeserved fate of the Aborigines of the country is alluded 
to, shame will suffuse their cheeks, and they cannot but curse 
the memory of those who could thus sully the reputation of 
their country and wound their own feelings. 

The justly infamous partition of Poland will be forgotten in 
the more recent and less excusable conduct of Georgia, should 
she extend her laws over the Cherokees and their country. 



14 

For the despoilers of Poland did no more than subject it to 
their laws; nor did they do this for the purpose of wresting the 
soil out of the hands of the original possessors, of exterminat- 
ing the population, or forcing it to abandon their homes and 
fire-sides; unlike the Poles in all their relations, the Cherokees 
are cut off from intercourse with foreign countries; they have 
put themselves under the protection of the United States, and 
have relinquished their right of alliance with any other power 
by a formal treaty, which it is not doubted would be enforced 
against them, were they to attempt to form such an alliance. 
They are not aspirants for power or control in the govern- 
ments of their neighbours, so little so indeed, that when, by 
treaty with the United States, they were entitled to send a de- 
puty to congress, they made no use of the stipulation. 

Your memorialist has heard it said by way of reason or ex- 
cuse for extending the laws of Georgia over the Cherokees and 
their country, that it is contrary to all principle, and cannot be 
permitted to allow a government to exist within the territory, 
and be independent of another government, an imperium in 
imperio, as it is termed, and this seems to be considered so 
conclusive as to put the subject beyond question. 

Those who use it, however, must shut their eyes both to 
history and to fact, and the most conspicuous of them contra- 
dict in this, the very principle which they insist upon in other 
cases. What are these United States but an example of itu-. 
perixiin in hnperio? or if they are not, what becomes of all the 
arguments we have lately heard in support oi state rights 2.ndt. 
state sovereignty, in support of which they seem willing to 
jeopardize the safety of this glorious and happy union? How 
shall we dispose of the historical example of the Republic of 
St. Marino, which has continued sovereign and independent 
within the limits of another sovereignty for upwards of one 
thousand three hundred years? 

It may, to be sure, be alleged that this republic was within 
the dominions of the pope, who is accused of w^orshipping 
stocks and stones, and that therefore it could not be considered 
as forming a proper example to be followed by a protestant 
and reformed people; but I submit it to the consideration of 



15 

your honourable body, whether if we immolate our reputation 
for the acquiwsition of these lands, we shall notmore justly sub- 
ject ourselves to the imputation, at least of sacrificing to trees, 
and earth, and rocks, and to be called an idolatrous as well as 
a cruel people. 

In most cases where it is intended to stretch the hand of 
power over a people, the plea of necessity is brought forward 
as the excuse. So frequently, indeed, has it been thus adduced 
that this plea is now almost consecrated to tyrants; but even 
this cannot be used in our case. Our own experience proves 
that if we make laws to restrain our own citizens who are 
borderers, from committing depredations on their Indian 
neighbours, all may go on harmoniously; whereas endless and 
interminable difficulties must arise from extending the laws so 
as to embrace them. You all know, you cannot be ignorant of 
the feelings of the white borderers of this state, towards their 
red brethren. Indeed, the feeling I allude to, is not confined 
to our borderers, for you may find evidences of it, where, if 
not powerful and general, it could not be exhibited — I mean 
in our laws. They, of themselves, will prove how entirely 
wretched, and utterly hopeless would be the situation of the 
Indians under the control of a people influenced by such feel- 
ings as they exhibit. Your honourable body have only to 
turn to those passed two sessions ago, to find an act to prevent 
the evidence of an Indian, or the descendant of an Indian, not 
understanding the English language, from being taken in any 
court of justice in this state, however exactly he might adhere 
to the truth, and your memorialist is informed that but for the 
suggestion of an honourable, member of the Assembly, not a 
native of the state, the act would have made the evidence of 
some men who stand high for integrity and intelligence, and 
hold offices of honour and profit in the state, of no more avail 
in a court of justice than if they had been as notorious for un- 
truth as they are for veracity, and as it now stands, the value 
or admissibility of their testimony by this law, seems to de- 
pend, not upon their being governed by morality, but upon 
their understanding English! and this merely in consequence 
of their Indian descent. 



16 

Another reason or excuse which your memorialist has heard 
alleged for the course which is proposed to be pursued, is that 
the Indians take, and are influenced by the advice of white 
men or by Indians of a different tribe. But why should they 
not take any advice to which they can have access? Why re- 
fuse the counsel of any, even of a different tribe, in whom they 
have confidence? What kind of an objection against the 
United States would it have been considered, to have alleged 
that one of her most gallant generals, La Fayette, was a French- 
man; that one of her most consummate statesmen, Hamilton, 
was a West Indian; that her most confidential secretary to con- 
gress, Thompson, was an Irishm.an; or how can Georgia of all 
other states, raise such an objection, having herself employed 
the services of a Franklin, and been under the influence of a 
Telfair, a Matthews, a Walton, and a Jackson, none of whom 
were of her tribe; a wise people will, and should use all the ta- 
lents to which they can have access, and it is as proper to make 
their doing so an objection, as to object to their becoming 
civilized, and to loving their homes and country too intensely. 

The hostile feeling which is entertained towards the Indians, 
is made use of as another reason for their removal over the 
Mississippi, it being asserted that they will never he allowed 
to reside xipon their lands here in peace. Upon this permit 
your memorialist to say that if the Cherokees are to be remov- 
ed from their native country, for fear of hostilities from their 
present neighbours, who are the inhabitants of North Carolina, 
South Carolina, and Georgia, three of the old thirteen states, 
who can pretend to entertain the opinion that they would be 
more secure, or be allowed to live more peaceably in that Arab 
country spoken of for their residence; a country certainly not 
as civilized as the states we have mentioned, and which, in a 
few ages, must lose most of what she now possesses, from her 
extent and spareness of population; and if the title of the Che- 
rokees to the lands which have never been conquered from 
them, which they have never ceded away, which they have 
from time immemorial occupied, which is fenced in upon 
all sides both by laws and treaties with those who now claim 
it; if their title to these lands be by one of the old states deem- 



17 . 

ed defective, how are they to obtain an unquestionable title to 
any others? 

May not some new reading of the constitution be brought by 
their new neighbours to show that congress had no power to 
bargain away the public lands, after the title had been once 
vested in the United States? 

May it not be contended that though the Indians may re- 
linquish, they cannot take a title, with as much force as that 
because they cannot understand English, they should not be 
believed ? May not the same argument which is now with 
many conclusive,again be revived on the west of the Mississippi, 
by their then benevolent neighbours, that they cannot permit 
the Indians to live peaceably, and that therefore it will be bet- 
ter for themselves that they should be removed, perhaps, to the 
snow-clad Rocky Mountains. 

The Georgian committee of 1827, upon the state of the re- 
public, recommended to the Assembly the adoption of seven 
resolutions, three of which are in the following terms :^ — 

^^ Resolved, That Georgia entertains for the general govern- 
" ment as high a regard, and is as solicitous to do no act that can 
" disturb, or tend to disturb the public tranquillity, that she 
^' will not attempt to enforce her rights by violence, U7itil 
" all other means of redress fail. 

'' Resolved, That to avoid the catastrophe which none 
" would more sincerely deplore than ourselves, we make this 
" solemn — this final — this last appeal to the President of the 
" United States; that he take such steps as are usual, 
" and as he may deem expedient and proper, for the pur- 
" pose of, and preparatory to, the holding of a treaty with the 
" Cherokee Indians, the object of which shall be, the extin- 
" guishment of their title to all or any part of the lands now in 
" their possession, within the limits of Georgia. 

" Resolved, That if such treaty be held, the President be 
" respectfully requested to instruct the Commissioners to lay a 
'^ copy of this report before the Indians in Convention, with 
" such comments as may be considered just and proper, upon 
" the nature and extent of the Georgia title to the lands in con- 
" troversy, and the probable consequences which will result 

3 



.18 

'* from a continued refusal ujion the part of the Indians to 
'^ part ivith those lands. And that the Commissioners be also 
^' instructed to grant, if they find it absolutely necessary, 
" reserves of land in favour of individual Indians, or inhahi- 
" tants of the nation, not to exceed one-sixth part of the ter- 
" ritory to be acquired, the same to be subject to future pur- 
" chase by the general government for the use of Georgia." 

However extraordinary many portions of these resolutions 
may appear, I shall only notice here that part of the last one 
which requests the commissioners who are to treat with the 
Indians, to be instructed to grant some of the individuals of the 
nation a portion of their own lands, which are now held in 
common — and I will notice it merely by quoting an article of 
the Constitution of the United States, to show how particularly 
alive we are, and how careful to prevent the influence of much 
less potent arguments upon our own servants, and not only 
our servants, but upon our citizens. 

**If any citizen of the United States shall accept, claim, re- 
** ceive, or retain any title of nobility or honour, or shall, with- 
** out the consent of Congress, accept and retain any present, 
*^ pension, office, or emolument, of any kind whatever, from 
** any emperor, king, prince, or foreign power, such person 
^' shall cease to be a citizen of the United States; and shall be 
^' incapable of holding any office of trust or profit under them, 
**or either of them." 

The IMPOLICY of the course recommended by the commit- 
tee of 1827, is as obvious as its injustice and want of faith; 
but your memorialist will no longer trespass upon the valuable 
time of your honourable body, resting confident in the opinion, 
that if he has been successful in making obvious to you, any 
of the points that he has attempted to elucidate, you will fol- 
low the memorable example handed down by an ancient peo- 
ple, and regard every measure impolitic, which is in the least 
dishonourable. 

ROBERT CAMPBELL. 

Savannah, 24th November, 1828. 



19 

(Copy.) 

^* An Act to prevent the Testiinony of Indians being re- 
^* ceived in courts of justice. 

*^ Be it enacted, &c. &c. That from and after the passage of 
^' this act, no Indian, and no descendant of an Indian, not un- 
^^ derstanding the English language, shall be deemed a compe- 
*^ tent witness in any court of justice, created by the constitu-, 
'^ tion or laws of this state." 

Assented to 26th December, 1826. 

G. M. TROUP, Governor, 



Situation of the Cherokee Indiaiis in 1809. 

8. Grist-mills - 

9. Saw-mills - 
10. Smiths 



1. Population - 13,320 

2. Schools - - 5 

3. Pupils - - 94 

4. Spinning wheels - 1,572 

5. Looms - - 429 

6. Ploughs - - 567 

7. Wagons - - 30 



11. Horses 

12. Black cattle 

13. Sheep 

14. Swine 



13 
3 

49 

- 6,519 

- 19,165 

- 1,037 

- 19,778 



In the year 1825, they had — 

8 Cotton gins, 18 Ferries, and 

9 Turnpikes, 20 Public roads. 



(From an Augusta Chronicle of 20th December, 1828.) 

'' GEORGIA LEGISLATURE. 



House of Representatives, Dec. lOth. 

Cherokee Indians. 

The House proceeded to the order of the day, which was 
ilic bill to extend the laws of Georgia over the Cherokees, and 
to give them the enjoyment of certain civil rights, after 1st 
June, 1830. 



i-" 



20 

(Provides that the Indians shall enjoy such civil 7nghts as 
foreigners do residing in this state, the right of suing, and 
being sued, in the courts of the United States excepted. They 
are to have no right to vote for any executive, legislative, ju- 
dicial, or military officer.") 

" Mr. Jourdan, (Col. Warren Jourdan of Jones county,) said 
he wished to introduce a substitute. Then if the House 
thought proper, the bill and substitute might be laid on the 
table together. 

The substitute was received and read. It was the same 
with the original bill as to the division of territory. 

In the seventh section, however, it prescribes that after June, 
1830, the Indians be liable to such lavi^s as the Legislature may 
hereafter prescribe, and any laws, usages, and customs, made 
by the Cherokees, to be null and void after 1830; and no In- 
dian, or descendant of an Indian, residing within the Creek or 
Cherokee nations of Indians, shall be deemed a competent wit- 
ness or party to any suit in any court created by the consti- 
tion or laws of this state, to which a white man may be a 
party.^^ 

Ql^/" From the Savannah Georgian of 10th January, 1829, it would appear 
that this substitute of Col. Warren Jourdan's had passed both houses of the 
General Assembly, and from the terms of his message, there is little doubt 
that Governor Forsvth has sanctioned it and made it a law of the state. 



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